Under most circumstances, Florida’s premises liability laws seek to protect property owners from lawsuits brought by trespassers on their property, unless the injuries were caused by intentional acts by the property owner. For instance, Florida property owners can’t be held liable for damages to a trespasser who was drunk, under the influence of drugs or committing a felony at the time of their injury or death.
There is one exception to the normal premises liability legal standard. Under Florida law, if a property owner has an object or condition on their property that is considered attractive to children, that owner can be held legally responsible for any injures or deaths to children, related to the object or condition on their property. This legal standard is known as Florida’s Attractive Nuisance Doctrine.
We believe that the costs associated with hiring a lawyer shouldn’t prevent any premises liability accident victim from obtaining sound legal counsel. Because of this, our law firm handles all premises liability claims on a contingency fee basis. This means there are no out of pocket expenses and you only owe attorney’s fees if we settle your claim or win a favorable verdict in court.
The following conditions must be met for the Attractive Nuisance Doctrine to apply to a homeowner:
Under the Attractive Nuisance Doctrine, children are viewed differently than adults. Unlike adults, young children lack the ability to understand the danger that the object or condition poses to them. Some objects that could be considered dangerous to children and an attractive nuisance might include:
When faced with an attractive nuisance lawsuit, the court will focus mainly on four factors related to the child’s injury or death.
There’s a reason that our reputation precedes us: our 25-plus year history in Sarasota has garnered us some of the top reviews in the area, from both peers and clients alike. If you are in need of an experienced law firm, with personalized service and a desire to win your case, we’re here for you. Read on to learn more about the key reasons why the law offices of Lutz, Bobo & Telfair, P.A. are considered one of the premier civil trial law firms in Southwest Florida.
We are a Martindale-Hubbell AV rated law firm, the highest possible rating for legal ability and ethical standards. With over 300 years of combined legal experience at our firm’s disposal, we have a vastly experienced knowledge of the legal system.
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Our law firm has recovered millions and millions of dollars in jury verdicts and settlements for our clients. While we don’t guarantee results, we do promise to work tirelessly towards the best possible outcome for you.
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